The most recent statistics from the National Highway
Traffic & Safety Administration indicate that over
43,000 people lost their lives in traffic crashes in
2004. According to the Utah Department of
Transportation, 30,758 were injured during a vehicle
crash.
After the Accident
After the Accident.
The first few days after the accident leave you at your most vulnerable for two reasons. First, if it is a minor accident, you may not realize the full extent of your injuries. Second, if the injuries are severe, you may not be able to fully appreciate your situation due to pain medication or shock from the accident itself. In either case, a seasoned insurance adjustor (claims investigator) can more easily take advantage of you. You may be contacted by the adjustor immediately or within a few days after the accident. The adjustor may ask to take a recorded or written statement from you. Beware.
Many people in smaller accidents feel 'a little stiff and sore' within a day or two after the accident. Too many people believe that the soreness gets better on its own. Muscle strain and vertebral injuries don't just magically disappear. Under Utah law, all auto insurance policies provide up to $3,000.00 of 'no-fault' coverage for medical expenses. If you feel stiff and sore, get to a doctor who can prescribe physical therapy, massage therapy or even chiropractic treatment. Only proper medical care alleviates injury.
Finally, Utah law allows you to obtain a copy of the accident report. You may do so by visiting the police, sheriff or highway patrol office investigating your accident.
The first few days after the accident leave you at your most vulnerable for two reasons. First, if it is a minor accident, you may not realize the full extent of your injuries. Second, if the injuries are severe, you may not be able to fully appreciate your situation due to pain medication or shock from the accident itself. In either case, a seasoned insurance adjustor (claims investigator) can more easily take advantage of you. You may be contacted by the adjustor immediately or within a few days after the accident. The adjustor may ask to take a recorded or written statement from you. Beware.
Many people in smaller accidents feel 'a little stiff and sore' within a day or two after the accident. Too many people believe that the soreness gets better on its own. Muscle strain and vertebral injuries don't just magically disappear. Under Utah law, all auto insurance policies provide up to $3,000.00 of 'no-fault' coverage for medical expenses. If you feel stiff and sore, get to a doctor who can prescribe physical therapy, massage therapy or even chiropractic treatment. Only proper medical care alleviates injury.
Finally, Utah law allows you to obtain a copy of the accident report. You may do so by visiting the police, sheriff or highway patrol office investigating your accident.
Utah Law
Utah Law: No-fault, Liability, Underinsured
and Uninsured Insurance Coverage.
Under Utah's 'no-fault' auto insurance laws, you are automatically entitled to coverage for the first $3,000.00 of your medical bills and lost wages, regardless of who is at fault. If the person who caused the accident is insured, there will be at least $25,000.00 in coverage for medical bills (present and future), lost wages and pain and suffering. Should this be insufficient, it is likely that your own insurance policy contains 'underinsured' coverage. This coverage begins where the liability insurance ends, i.e. if you are not fully compensated by the liability insurance, the underinsured coverage in your policy will pay for the remaining expenses. Finally, if the person who caused the accident is 'uninsured,' your policy may contain coverage which pays for your losses.
Uninsured and underinsured coverage can lead to some interesting situations. Namely, your own insurance company may actually defend the person who caused your injuries. This situation occurs if your insurance company believes that either (1) you are to some degree at fault for the accident; or, (2) you have been fully compensated. This is why it is so important to talk to an attorney before giving recorded or written statements to anyone, even your own insurance company. Otherwise, you may be making statements which your insurance company can use against you later.
Under Utah's 'no-fault' auto insurance laws, you are automatically entitled to coverage for the first $3,000.00 of your medical bills and lost wages, regardless of who is at fault. If the person who caused the accident is insured, there will be at least $25,000.00 in coverage for medical bills (present and future), lost wages and pain and suffering. Should this be insufficient, it is likely that your own insurance policy contains 'underinsured' coverage. This coverage begins where the liability insurance ends, i.e. if you are not fully compensated by the liability insurance, the underinsured coverage in your policy will pay for the remaining expenses. Finally, if the person who caused the accident is 'uninsured,' your policy may contain coverage which pays for your losses.
Uninsured and underinsured coverage can lead to some interesting situations. Namely, your own insurance company may actually defend the person who caused your injuries. This situation occurs if your insurance company believes that either (1) you are to some degree at fault for the accident; or, (2) you have been fully compensated. This is why it is so important to talk to an attorney before giving recorded or written statements to anyone, even your own insurance company. Otherwise, you may be making statements which your insurance company can use against you later.
How Long, Time Limits?
How long do I have to make a
claim?
In Utah, you must make a claim within four years of the auto accident. One exception is for children, who don't need to bring a claim until four years after their eighteenth birthday. Another exception is when you are seeking underinsured coverage. These claims must be brought within a certain time frame after the claim for liability insurance is resolved. As always, you should check with an attorney if you have any questions regarding time limits.
In Utah, you must make a claim within four years of the auto accident. One exception is for children, who don't need to bring a claim until four years after their eighteenth birthday. Another exception is when you are seeking underinsured coverage. These claims must be brought within a certain time frame after the claim for liability insurance is resolved. As always, you should check with an attorney if you have any questions regarding time limits.
Filing Suit
Why do I have to sue the person who caused
my injuries and not their insurance
company?
It often surprises and frightens people to learn that they will be suing the person who caused the accident and not the insurance company. Utah law requires that the person be sued because there is a fear that juries will be prejudiced if they know there is insurance. However, even though the person must be named in the lawsuit, very few attorneys try to collect more than the amount of liability insurance. Accordingly, your claim will not be bankrupting the person at fault, but merely seeks the full amount necessary compensate you up to, but not exceeding, the policy limits.
It often surprises and frightens people to learn that they will be suing the person who caused the accident and not the insurance company. Utah law requires that the person be sued because there is a fear that juries will be prejudiced if they know there is insurance. However, even though the person must be named in the lawsuit, very few attorneys try to collect more than the amount of liability insurance. Accordingly, your claim will not be bankrupting the person at fault, but merely seeks the full amount necessary compensate you up to, but not exceeding, the policy limits.
Whiplash Myth?
Is Whiplash a Myth?
Nearly one-third of all motor vehicle accidents are rear-end collisions 1, and it is this type of accident that is responsible for most whiplash injuries.
Some critics of whiplash will go to great lengths to “prove” that whiplash injuries do not exist, especially in low speed collisions, claiming that the forces experienced in low speed collisions are equivalent to 'plopping' down into a chair. 2 However, the myth that low speed collisions are safe was put to rest by by another study which demonstrated that the less damage to a vehicle, the greater the forces were exerted on the head and neck. 3 Engineering test collisions consistently show that the peak vehicle G forces in a collision are approximately twice as high as the average G forces. Furthermore, peak occupant G forces are about twice as large as peak vehicle forces. In fact, an occupant in a low speed collision with no damage to the vehicle may be at a significantly higher risk of injury than an occupant in a collision with a damaged vehicle because the 'damage' to the vehicle is actually absorbing the energy of the impact as opposed to transferring it to the occupants.
Authorities
1. (Dvorak J, Gauchat MH, Valach L. The outcome of surgery for lumbar disc herniation. 1. A 4-17 years’ follow-up with emphasis on somatic aspects. Spine 1988;13:1418-22.)
2. (Allen ME, Weir-Jones I, Motiuk DR et al. Acceleration perturbations of daily living: a comparison to whiplash. Spine 1994;19:1285-1290).
3. (Robbins MC. Lack of relationship between vehicle damage and occupant injury. SAE 970494)
Nearly one-third of all motor vehicle accidents are rear-end collisions 1, and it is this type of accident that is responsible for most whiplash injuries.
Some critics of whiplash will go to great lengths to “prove” that whiplash injuries do not exist, especially in low speed collisions, claiming that the forces experienced in low speed collisions are equivalent to 'plopping' down into a chair. 2 However, the myth that low speed collisions are safe was put to rest by by another study which demonstrated that the less damage to a vehicle, the greater the forces were exerted on the head and neck. 3 Engineering test collisions consistently show that the peak vehicle G forces in a collision are approximately twice as high as the average G forces. Furthermore, peak occupant G forces are about twice as large as peak vehicle forces. In fact, an occupant in a low speed collision with no damage to the vehicle may be at a significantly higher risk of injury than an occupant in a collision with a damaged vehicle because the 'damage' to the vehicle is actually absorbing the energy of the impact as opposed to transferring it to the occupants.
Authorities
1. (Dvorak J, Gauchat MH, Valach L. The outcome of surgery for lumbar disc herniation. 1. A 4-17 years’ follow-up with emphasis on somatic aspects. Spine 1988;13:1418-22.)
2. (Allen ME, Weir-Jones I, Motiuk DR et al. Acceleration perturbations of daily living: a comparison to whiplash. Spine 1994;19:1285-1290).
3. (Robbins MC. Lack of relationship between vehicle damage and occupant injury. SAE 970494)
Whiplash, The Real Story.
What is Whiplash?
Early researchers focused only on external motions of the body to study whiplash syndrome. However, recent studies have taken advantage of new technologies and techniques in studying whiplash. These studies have observed the following:
* Facet Joint Injury-Studies now document a correspondence between injury to spinal joints and 'referred' pain, i.e. pain which shows up in a spot other than the injury due to nerve distributions.
* Mechanics of Injury-Other studies document that a rear end impact (and other impacts) cause both compressing and sheering of the spinal column. Factors include:
o Head position
o Speed and size of cars involved
o Angle of collision
o Road conditions
o Gender-Women are at a much higher risk of injury, this may be due to anatomical differences or seating position.
o Occupant awareness
o Headrests-Many headrests are adjusted too low. A headrest should be adjusted so that it contacts the back of your head. If it is adjusted too low, it will act as a pivot against your neck and increase injury.
o Secondary impact-If the car struck from behind then impacts a car in front, this increases the acceleration/deceleration forces and may increase injury.
Early researchers focused only on external motions of the body to study whiplash syndrome. However, recent studies have taken advantage of new technologies and techniques in studying whiplash. These studies have observed the following:
* Facet Joint Injury-Studies now document a correspondence between injury to spinal joints and 'referred' pain, i.e. pain which shows up in a spot other than the injury due to nerve distributions.
* Mechanics of Injury-Other studies document that a rear end impact (and other impacts) cause both compressing and sheering of the spinal column. Factors include:
o Head position
o Speed and size of cars involved
o Angle of collision
o Road conditions
o Gender-Women are at a much higher risk of injury, this may be due to anatomical differences or seating position.
o Occupant awareness
o Headrests-Many headrests are adjusted too low. A headrest should be adjusted so that it contacts the back of your head. If it is adjusted too low, it will act as a pivot against your neck and increase injury.
o Secondary impact-If the car struck from behind then impacts a car in front, this increases the acceleration/deceleration forces and may increase injury.
Traumatic Brain Injury
Mild Traumatic Brain Injury
One of the most difficult injuries in an automobile accident is a mild traumatic brain injury. These injuries can present significant difficulties for auto accident victims but remain very hard for doctors to diagnose. Specifically, during impact the head can receive a force five times greater than gravity in an eight mile per hour accident. The sudden acceleration causes small hemorrahaging in the brain or a sheering of brain matter. These later develop into lesions on the brain. Unfortunately, these small lesions are often too small to show up on CT Scans or MRIs and are frequently overlooked on initial examination by medical care providers. Depending on the lesion's location in the brain, numerous symptoms may surface within days or weeks of the accident, including:
* Anxiety
* Depression
* Loss of memory
* Inability to perform simple tasks
* Substantial increase or decrease in sexual desires
* Headaches
* Blurry vision or change in vision
* Disorientation
* Vertigo/dizziness
* Sudden emotional outbursts
* Substantial insomnia
If you have been in an accident and are suffering from similiar symptoms, you may have sustained an undiagnosed brain injury. It is imperative that you voice your symptoms to your doctor and get treatment. Although brain injuries can be difficult to treat, the first step to recovery is a proper diagnoses.
One of the most difficult injuries in an automobile accident is a mild traumatic brain injury. These injuries can present significant difficulties for auto accident victims but remain very hard for doctors to diagnose. Specifically, during impact the head can receive a force five times greater than gravity in an eight mile per hour accident. The sudden acceleration causes small hemorrahaging in the brain or a sheering of brain matter. These later develop into lesions on the brain. Unfortunately, these small lesions are often too small to show up on CT Scans or MRIs and are frequently overlooked on initial examination by medical care providers. Depending on the lesion's location in the brain, numerous symptoms may surface within days or weeks of the accident, including:
* Anxiety
* Depression
* Loss of memory
* Inability to perform simple tasks
* Substantial increase or decrease in sexual desires
* Headaches
* Blurry vision or change in vision
* Disorientation
* Vertigo/dizziness
* Sudden emotional outbursts
* Substantial insomnia
If you have been in an accident and are suffering from similiar symptoms, you may have sustained an undiagnosed brain injury. It is imperative that you voice your symptoms to your doctor and get treatment. Although brain injuries can be difficult to treat, the first step to recovery is a proper diagnoses.
Temporomandibular Joint (TMJ)
Temporomandibular Joint (TMJ)
Another often overlooked or undiagnosed injury from auto accidents occurs to the temporomandibular joint (TMJ). The TMJ area is located where the lower jaw connects to the base of the skull. It is a complex joint system where the jaw, skull, muscles, ligaments and cartilage interact. TMJ injuries are often overlooked because their symptoms are similar to those of other 'soft tissue' or muscle injuries incurred during an auto accident. Common symptoms between soft tissue injury and TMJ include headaches, muscle tenderness, facial pain, tension and dental problems. However, TMJ symptoms also often include:
* Clicking of the jaw
* Snapping sensation in the jaw area
* Popping sounds when opening and closing the mouth
* Grinding sounds as the jaw opens
* Pain in the jaw area, while chewing, yawning or talking
* Pain on either side of the head
* Inability to open the jaw as wide prior to the accident
* Locking sensations of the jaw
Dentists can often take x-rays or MRIs to determine the nature and extent of a TMJ injury. If a TMJ injury exists, treatment may include physical therapy, heat treatment or injections into muscles surrounding the face and neck to alleviate the symptoms
Another often overlooked or undiagnosed injury from auto accidents occurs to the temporomandibular joint (TMJ). The TMJ area is located where the lower jaw connects to the base of the skull. It is a complex joint system where the jaw, skull, muscles, ligaments and cartilage interact. TMJ injuries are often overlooked because their symptoms are similar to those of other 'soft tissue' or muscle injuries incurred during an auto accident. Common symptoms between soft tissue injury and TMJ include headaches, muscle tenderness, facial pain, tension and dental problems. However, TMJ symptoms also often include:
* Clicking of the jaw
* Snapping sensation in the jaw area
* Popping sounds when opening and closing the mouth
* Grinding sounds as the jaw opens
* Pain in the jaw area, while chewing, yawning or talking
* Pain on either side of the head
* Inability to open the jaw as wide prior to the accident
* Locking sensations of the jaw
Dentists can often take x-rays or MRIs to determine the nature and extent of a TMJ injury. If a TMJ injury exists, treatment may include physical therapy, heat treatment or injections into muscles surrounding the face and neck to alleviate the symptoms